|CALENDAR STATUS: Active|
|State of Oregon v. James Tyler Nix|
|Bronson D. James, on behalf of Petitioner on Review|
Douglas F. Zier, on behalf of Respondent on Review
Statement of Issues:
|State of Oregon v. James Tyler Nix (S058751) (A138483) (appeal from Linn County Circuit Court; opinion reported at 236 Or App 32, 237 P3d 842 (2010)).|
Defendant James Tyler Nix has been granted review of a Court of Appeals decision reversing and remanding a trial court decision that had suppressed certain evidence in his criminal case.
On review, the issues are:
(1) Whether the warrantless search of the entire data contents of a cell phone, without limit in scope or intrusiveness, is lawful for purposes of Article I, section 9, of the Oregon Constitution, when the search is incident to an arrest.
(2) Whether, for purposes of the Fourth Amendment to the United States Constitution, a cell phone is a personal item, akin to clothing, which normally can be searched incident to an arrest, or instead is a possessory item, akin to luggage, which normally is excluded from the permissible range of objects that can be searched without a warrant when the search is incident to an arrest.
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: